Federal Agencies
Section 1557
On August 4, 2022 the United States Department of Health and Human Services (HHS) published its notice of proposed rulemaking (NPRM) to the Federal Registry to modify Section 1557, the “Nondiscrimination in Health Programs and Activities Clause” of the Affordable Care Act.
Title IX – Department of Education
In July of 2022, the 50th Anniversary of Title IX, the Department of Education under the Biden Administration announced their intention to change the definition of discrimination “on the basis of sex” to include sexual orientation and gender identity. In effect, this change will undermine opportunities for women and girls in sports.
Labor Regulations
In August 2019, the U.S. Department of Labor proposed a rule clarifying civil rights protections for religious organizations. This Notice of Proposed Rulemaking intended to clarify the civil rights protections afforded to religious organizations that contract with the federal government. The proposed rule ensures that conscience and religious freedom are given the broadest protection permitted by law.
Contraceptives Mandate
In Zubik v. Burwell, the Supreme Court ruled in a contraceptives mandate case involving the nuns of Little Sisters of the Poor and also other nonprofits. The Court ruled that the Obama administration should find a less restrictive means of carrying out its contraceptives program than by forcing conscientious objectors to participate under threat of massive fines.
Title X Family Planning Rule
Congress established the Title X program in 1970 to focus on “population research and voluntary family planning programs.”
Equal Treatment Regulation
In December 2020, HHS announced a joint final rule with eight other agencies—the Department of Justice, the Department of Homeland Security, the Department of Labor, the Department of Education, the Department of Housing and Urban Development, the Department of Agriculture, the Agency for International Development and the Department of Veterans Affairs—to implement President Trump’s Executive Order No. 13831, on the Establishment of a White House Faith and Opportunity Initiative
Gender Regulations
In 2016, the U.S. Department of Health and Human Services (HHS) issued a rule under the Affordable Care Act that attempted to stretch the definition of sex discrimination beyond biology, to include a person’s perception of gender. The rule subjected healthcare professionals to punishment if they declined on the basis of morality or medicine to participate in transgender procedures and prescriptions.
Conscience Regulations
In December 2019, Freedom2Care / Christian Medical & Dental Associations (CMDA) announced our intention to appeal a New York federal court’s ruling against the 2019 regulation with Becket.